Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-06-23
T NATION
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OWNERS AND LOcAToRs
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I III Es-
APPLICATION FOR PATENT.

T. 80. Papers nave once been fled with ~
nesIster snd heceiver they become a nsrt 4
the record, and can neither he wi.S : part Of
returned, put must be transmitted 10 tha nuof
eral Land Once. W she ten
An application will be rejected vba, A..
scfaptlon Oh the premises Is erroneous or
Application for patent will be re,ec..,
csuse: io'oc'ed be.
First The notice was published withor,u.
knowledge of the Register. "inou'tne
notice was not published in
claim. estthe
T~hird-Record title was found desoo,,,.
and A ueiecuve,
Fourth--A previous application had 49,
made for the same premises, which was WEI
the adverse claimant. py
An application for patent will be reioo..,
when the survey does not accuratelv defnaM
boundaries of the claim. "e
Where the Claim was not located In acco,a
ance with law. "u
Where several parties own separate and A.
tnct portions Of = claim, applicatjon ~
patent may be made by either for In a. nor,is
Of the claim owned by him; but where sorssa,
parties own undivided interests in : minana
claim al should JOIN In an application for 4
patent.
A person or association may purcbasa :.
many placer locations as the local law admits
and embrace them all In one application for
patent.
Two or more Iodes cannot be embr.cad, :.
one application for a patent except for nisca.
claims embracing two or more lodes within
their boundaries
Papers sworn TO before sny person nu,nor.
ing to act as q deputy for the Register and Re-.
ceiver cannot be recorded as evidence
In all patents for mining claims sitr.,aa
within the interior boundaries Of a town s,,a
q clause is inserted excepting and erelndjno
all town property, rights upon the surface
and all houses, buildings, structures. lots
blocks, streets, alleys or other munic,n., 10
| provements not belonging TO the grantee hara-
In. and all rights necessary or proper 10 tbe
occupation, possession and enjoyment Of the
same"
Publication of notice must be made n mil,
one newspaper for the period Of GO DAYS.
Notice must be published 10 consecutiva
weeks in weekly newspapers, aud In daily
newspapers so days must elapse between ~
fret and last insertions.
Where the Register d esignAtes thu dsilyissu
OF q newspaper for publication of notices OF !
mining application for patent it is not d COM
pliAnce With law 10 change 10 the weekly edt-
uon Of the same paper without authority Of
the Register.
The existence OF q salt spring on a tract OF
land withdrsws 1t from the operation Of the
homestead and presumption laws. A hearing
for the purpose of proving the agricultural
character of such land is not allowed. Land
containing valuable deposits Of slate may be
entered under the mining Acts.
CLAIMS.
Adverse claimants must file 8 separate and
distinct claim against each application which
1t Is alleged conflicts with the premises owned
by such adverse claimant.
The papers in an adverse claim, once hled.
cannot be withdrawn, bat becomes a part Of the
record.
When an adverse claim has been filed II can.
not be amended so a. to embrace a larger per.
ton of the premises than that described in the
original adverse claim.
An adverse claim must be made ont in
proper form and filed in the proper local Office
during the period OF publication OF the sppli.
cation for the patent to be effective.
1t is the duty OF the adverse clsimsnt 0
suit IN proper form within the n~
CURED time, and II he trusts ,he unesrisia
medium of the United States mail be must
abide the consequences, should the dsky
ensue, through misfortune or accident. Should
the failure to suit be the result u
the corTuptor dishonest action Of his attorney,
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth in de-
tail the facts upon which he bases his adverse
claim. A statement in general terms, embody.
ing conclusions Of law, without stating the
facts specially, will not be considered In evi.
dence.
An adverse claimant should show q compli.
ance with the local laws in recording his claim
and In regard TO expenditures, and shall ME .
copy Of the original notice of his location, ana
show the nature or extent Of the conflict
alleged.
An allegation of parties to q suit that they
compose the company IL sufficient. and they
are not required to prove that they are the
original ~locators or the identical parties who
present the adverse claim.
AGRICULTURAL OR MINERAL LANDS.
Where land is of little. If any value. for agri.
cultural purposes, but is essential to the
proper development of mining claims, II
| should be disposed Of under the Mining Act,
Where lands containing valuable mineral
deposits have been included in an Agricultural
entry, said entry will be Cancelled at any tim
prior to issuance of patent, npon satisfactory
evidence of the existence OF such valuable de-
posts.
Whore valuable deposits OF mineral sre dis
covered upon a tract after the same is been
| en- tered as agricultural, but before ! itent has
been issued, the parties claiming the mine
may make application for patent FOR same,
| and the agricultural entry will be Cancelled !!
that portion of the land embraced By ssid
mining claim.
where mineral deposits are discovered on
agricultural lands after the patent has Deeh
issued to an agricultural claimant, they pass
with the patent.
Agricultural College scrip cannot be
ceived in payment for claims.
ALlkkbs
A foreigner may make a mining location
dispose OF 1t. provided he becomes q eitlzoh
before disposing OF the mine. Proof thai t1s
| party was not q citizen before disposine Oh n'
claim must be afirmatively shown.
| Locators and Intermediate owners, otnet
| than applicants, will not be presumed aliens,
in the absence of allegation or objection prioi
10 issuance of patent. -
| The portion Of q mining claim sold 10 ~
alien cannot be patented while such ownes
an alien; but on his declarationi o beeIms
| citizen his right dates back to his Plis sa..ss
aud he may thereupon secure Uni'ea ="
| patent for his claim.
CROSS LEDGEs.
Revised Statutes. Section 1886: .set
Where two or more lodges cross or in'o' snd
| each other, priority Of title shall govern, ara
| such prior location shall be entitled 10 tsr.
| or mineral contained within the space % have
section. but the subsequent location snsi in.sr.
the right Of way through the space VI an,ent
section for the purpose OF the cow more
working Of the mine. And where WV sbsll
| veins unite the Oldest or prior locsllvn an.
take the vein below the point OF unio'
GLIDING all the space OF intersection.
TUNNELS
There Ia no authority of law ior oation
location 8 1000 by 800 feet. A proper
| ia the width of the tunnel for 500 ieet. ,,o
There 10 no provision OF law Tor pst. ~ nm.
| tunnel locations. but lodes discovered ~,
| ming A tunnel may be patented in like mAhD''